Order Cancellation Policy

Please submit any cancellation via email to sales@swirlhost.com, or call on our business phone at 1 (888) 846-4826.

Email cancellations must contain the following: First name, last name, order number (or account number), and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.

Every effort will be made to accommodate the cancellation of your order, providing your order has not already been charged.

Term/Termination of Web Hosting Agreement

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SWIRLHOST INCORPORATED TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."

b. This Agreement may be terminated

i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),

ii. by Swirlhost Incorporated in the event of nonpayment by Customer,

iii. by Swirlhost Incorporated, at any time, without notice, if, in Swirlhost Incorporated's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Swirlhost Incorporated's sole and absolute discretion and/or judgment, could disrupt, Swirlhost Incorporated's business operations and/or

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,

i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,

ii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term.

d. Swirlhost Incorporated may terminate this Agreement

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or

ii. immediately by giving written notice to Customer, if Swirlhost Incorporated determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If Swirlhost Incorporated cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, Swirlhost Incorporated shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Swirlhost Incorporated shall have the right to charge you an administrative fee of $50.00.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which YOUR-SITE.COM may be entitled.

This is a legal and binding agreement between you, the Customer, and SwirlHost Incorporated.
By using, installing or accessing the SwirlHost Incorporated website, the Services and
certain Products that are offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree to these terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the SwirlHost Incorporated web site,
all services will be discontinued, activation of the account will cease and your
account terminated.
 
END USER LICENSE AGREEMENT
 
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable
fees, SwirlHost Incorporated hereby grants to you a non-exclusive, nontransferable, license
to use its accompanying proprietary software application products offered on the
SwirlHost Incorporated web site ("Software",) for your own use. Such Software is protected
by the SwirlHost Incorporated laws of the United States and international SwirlHost Incorporated
treaties.
 
RESTRICTED USE. All rights not expressly granted herein are retained by SwirlHost Incorporated
and its licensors. Except as stated above, this Agreement does not grant the Customer 
any intellectual property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any circumstances nor 
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove any product identification,
SwirlHost Incorporated, trademark or other notice from the Software. Any such copy made
by you shall be subject to this Agreement and shall contain all of SwirlHost Incorporated's
notices regarding SwirlHost Incorporated's, trademarks and other proprietary rights as
contained in the Software originally provided to you.

TITLE. The Software's organization, structure, sequence, logic, and source code are
valuable to the Company.  Any and all title, ownership rights, and intellectual
property rights in and to the Software and Documentation shall remain at any and all
times in SwirlHost Incorporated and/or its suppliers.  Title, ownership rights, and
intellectual property rights in and to the content accessed through the Software is
the property of the applicable content owner and may be protected by applicable
SwirlHost Incorporated or other law. This License does not give Customer any rights to
such content.
 
LIMITED WARRANTY. SwirlHost Incorporated warrants to the Customer, for a period of
ninety (90) days from the date of this agreement, installation of Software, or
use of services, whichever is earlier, that it will replace any defective media
on which the Software is provided and that the Software, if not modified and if
properly installed and used, will substantially conform to the material
specifications set forth in the documentation, Such warranties are for the
Customer's benefit only and  are not transferable. SwirlHost Incorporated does not
warrant that the Software will operate error free or uninterrupted or will meet
your requirements. Except for the express warranties stated in this section, the
Software are licensed "as is" and SwirlHost Incorporated specifically excludes and
disclaims all warranties of merchantability, fitness for a particular purpose,
statutory noninfringement of third party intellectual property rights and any
warranty that may arise by reason of trade usage, custom or course of dealing
and Customer hereby expressly waives any and all such warranties.
 
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
 
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL SwirlHost Incorporated OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
SwirlHost Incorporated'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EYEN IF SwirlHost Incorporated SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
 
EXPORT CONTROLS. You may not download, use or otherwise export the Software or any
underlying information or technology except in full compliance with all United
States  and other applicable laws and regulations. In particular, but without
limitation, none of the Software or underlying information or technology may be
downloaded, used or otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the Software,
you are agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any such
country or on any such list.
 
TERMINATION. This Agreement is effective until terminated. SwirlHost Incorporated
may terminate this Agreement immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive uses as described herein. 
Otherwise, this Agreement may be terminated by either party for a breach of any of
its material terms, provided the non-breaching party provides to the breaching party
30 days written notice describing such breach and offering the breaching party an
opportunity to cure.  Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement.  Should this Agreement be
terminated for your material breach, Customer agrees to remove all copies of the
Software or any part of the Software from any and all computer storage devices,
and destroy the Software and all Documentation.  At SwirlHost Incorporated's request,
Customer or any of Customer's authorized signatory on the account, shall certify
in writing to SwirlHost Incorporated that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain in
Customer's possession or under its control. The provisions of this Agreement except
for the Section 1, "License Grant," shall survive.
 
 
MISCELLANEOUS. This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and supersedes
all prior agreements and representations between them. It may be amended only
by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET
FORTH HEREIN, AND SwirlHost Incorporated AGREES TO FURNISH TFE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make.
It enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances. Headings shall
not be considered in interpreting this Agreement. This Agreement shall be
governed by and construed under the law of SwirlHost Incorporated <state> as such law applies
to agreements between SwirlHost Incorporated <state> residents entered into and to be performed
entirely within SwirlHost Incorporated <state>, except as governed by Federal Law. This
Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is hereby expressly
excluded.
 
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement. Contractor / manufacturer is SwirlHost Incorporated.
1 Allendal Lane, Bella Vista, AR 72714